[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Proposed Rules]
[Pages 35052-35054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15418]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0278; FRL-9996-91-Region 4]


Air Plan Approval; KY; Existing Indirect Heat Exchangers for 
Jefferson County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
proposing to approve revisions to the Jefferson County portion of the 
Kentucky State Implementation Plan (SIP), submitted by the Commonwealth 
of Kentucky, through the Energy and Environment Cabinet (Cabinet), 
through a letter dated March 15, 2018. The revisions were submitted by 
the Cabinet on behalf of the Louisville Metro Air Pollution Control 
District (District, also referred to herein as Jefferson County). The 
SIP revision includes changes to Jefferson County Regulations regarding 
existing indirect heat exchangers.

DATES: Comments must be received on or before August 21, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0278 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Akers can be 
reached via electronic mail at akers.brad@epa.gov or via telephone at 
(404) 562-9089.

SUPPLEMENTARY INFORMATION: 

I. What action is EPA proposing?

    EPA is proposing to approve changes to the Jefferson County portion 
of the Kentucky SIP that were provided to EPA through KDAQ via a letter 
dated March 15, 2018.1 2 EPA is proposing to approve the 
portions of this SIP revision that make changes to the District's 
Regulation 6.07, Standards of Performance for Existing Indirect Heat 
Exchangers.\3\ The March 15, 2018, SIP revision makes minor and 
ministerial changes to Regulation 6.07 that do not alter the meaning of 
the regulation or the emissions levels for sources regulated under the 
Jefferson County Regulations, such as clarifying changes to its 
applicability. In addition, the changes strengthen the SIP by adding 
specific test methods and procedures applicable to existing indirect 
heat exchangers. The SIP revision updates the current SIP-approved 
version of Regulation 6.07 (version 3) to version 4. The changes to 
this rule and EPA's rationale for proposing approval are described in 
more detail in Section II.
---------------------------------------------------------------------------

    \1\ EPA notes that the Agency received the SIP revision on March 
23, 2018.
    \2\ In 2003, the City of Louisville and Jefferson County 
governments merged and the ``Jefferson County Air Pollution Control 
District'' was renamed the ``Louisville Metro Air Pollution Control 
District.'' See The History of Air Pollution Control in Louisville, 
available at https://louisvilleky.gov/government/air-pollution-control-district/history-air-pollution-control-louisville. However, 
each of the regulations in the Jefferson County portion of the 
Kentucky SIP still has the subheading ``Air Pollution Control 
District of Jefferson County.'' Thus, to be consistent with the 
terminology used in the SIP, we refer throughout this notice to 
regulations contained in the Jefferson County portion of the 
Kentucky SIP as the ``Jefferson County'' regulations.
    \3\ EPA notes that the Agency received several submittals 
revising the Jefferson County portion of the Kentucky SIP 
transmitted with the same March 15, 2018, cover letter. EPA will be 
considering action for these other SIP revisions in separate 
rulemakings.
---------------------------------------------------------------------------

II. EPA's Analysis of the State Submittal

    As mentioned in Section I of this proposed action, the portion of 
Jefferson County's March 15, 2018, SIP revision that EPA is proposing 
to approve makes changes to Jefferson County Air Quality Regulations at 
Regulation 6.07, Standards of Performance for Existing Indirect Heat 
Exchangers.
    The changes to Section 1, Applicability, and Section 2, 
Definitions, are intended to provide consistency with other Jefferson 
County Air Quality Regulations by defining the affected facility within 
the Definitions section and relying on that definition in the 
Applicability section. Specifically, Section 1 of the current SIP-
approved version of Regulation 6.07 (version 3) provides that this 
regulation apply to indirect heat exchangers at or above 1 million 
British thermal units per hour (MMBtu/hr) that ``was in being or under 
construction before April 19, 1972.'' The amendments included in the 
March 15, 2018, SIP revision simplify Section 1, Applicability, to 
refer to affected facilities ``in being or commenced construction, 
modification, or reconstruction on or before the applicable 
classification date defined [in Section 2].''

[[Page 35053]]

    Section 2 then defines ``Affected facility'' as those indirect heat 
exchangers with a capacity of 1 MMBtu/hr heat input. Therefore, the 
size of such facilities subject to the Regulation is not changed. Next, 
the classification date is defined in Section 2 as August 17, 1971 for 
facilities with a capacity greater than 250 MMBtu/hr heat input, and 
April 9, 1972 for those with a capacity of 250 MMBtu/hr or less, which 
correspond to applicability dates for these sizes of sources in 
Regulation 7.06, Standards of Performance for New Indirect Heat 
Exchangers. EPA notes that the revised dates are earlier than the 
current-SIP approved date, however, as Regulation 6.07 regulates 
sources that would not otherwise be covered under regulations requiring 
greater emissions reductions (for example, Regulation 7.06 or a 
relevant NSPS), EPA expects no emissions increases associated with this 
revision. EPA has preliminarily concluded that the changes to Sections 
1 and 2 serve to correct and clarify the existing SIP.
    Section 3, Standard for Particulate Matter, specifies the 
applicable emissions standards for particulate matter and opacity, and 
Section 4, Standard for Sulfur Dioxide, specifies the applicable 
standards for sulfur dioxide. The changes made to both of these 
Sections in the March 15, 2018, SIP submittal are minor and ministerial 
(for example, moving the term particulate matter from subsections to 
the prefatory text of the corresponding section and moving the 
allowable sulfur dioxide emissions descriptor from before the equation 
and including it as a defined term in the equation), and no changes are 
made to the applicable emissions standards, nor the calculations for 
determining the standards. Minor and ministerial changes are also made 
to Table 1, Allowable Particulate Matter Emission Rates, and Table 2, 
Allowable Sulfur Dioxide Emissions Based on Heat Input Capacity, 
appended to Regulation 6.07 and corresponding to Sections 3 and 4, 
respectively. EPA has preliminarily concluded that these changes do not 
modify the scope or meaning of the provisions.
    Finally, the March 15, 2018, SIP revision adds Section 5, Test 
Methods and Procedures, to provide specific instruction on how to 
determine compliance with the applicable emissions limits for the 
affected facilities. This section requires compliance with standards 
for particulate matter and sulfur dioxide be demonstrated using EPA 
reference methods included in 40 CFR part 60, Appendix A, except as 
provided in Regulation 1.04, Performance Tests. Regulation 1.04 
stipulates that if a facility is subject to 40 CFR parts 60, 61, or 63, 
then specified procedures for test requirements are to be used unless 
EPA and LMAPCD have agreed upon an alternative or have agreed to a 
waiver from the applicable test procedures. The addition of section 5 
provides specificity in testing requirements for the set of affected 
facilities under Regulation 6.07 that would not otherwise be subject to 
40 CFR part 60 or part 63 (for example, for a source that commenced 
construction or modification prior to the applicability date for 40 CFR 
part 60). EPA proposes that the use of federal reference methods is 
appropriate and sufficient to determine compliance with the applicable 
standards in Regulation 6.07, and that the inclusion of Section 5 in 
the SIP is clarifying and SIP-strengthening.
    As noted above, these rule changes do not relax the emissions 
reductions to applicable sources, nor do they change any applicable 
emissions limitations. With respect to the changes related to test 
methods and procedures, EPA proposes that the changes serve to 
strengthen the SIP. Therefore, EPA has made the preliminary 
determination that the aforementioned changes will not have a negative 
impact on air quality in the area and is therefore proposing to approve 
version 4 of Regulation 6.07 into the Jefferson County portion of the 
Kentucky SIP.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Jefferson County's Regulation 6.07, Standards of Performance 
for Existing Indirect Heat Exchangers, version 4, state effective 
January 17, 2018. EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 4 office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

IV. Proposed Action

    EPA is proposing to approve changes to the Jefferson County portion 
of the Kentucky SIP included in a March 15, 2018, submittal. 
Specifically, EPA is proposing to approve the District's Regulation 
6.07 version 4 into the SIP. The March 15, 2018, SIP revision makes 
minor and ministerial changes such as clarifying the applicability of 
the regulation, and includes more specific requirements for test 
methods and procedures for affected facilities. EPA believes these 
changes are consistent with the CAA and EPA policy, and these rule 
adoptions will not impact the NAAQS or interfere with any other 
applicable requirement of the Act.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. This action merely 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human

[[Page 35054]]

health or environmental effects, using practicable and legally 
permissible methods, under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 11, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-15418 Filed 7-19-19; 8:45 am]
 BILLING CODE 6560-50-P


